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(영문) 대전지방법원 2017.10.12 2017노2273
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the defendant has a variety of records of the same crime, and in particular, the crime of this case is committed during the same repeated crime period, and is disadvantageous to the defendant.

However, the court below's punishment against the defendant is somewhat unreasonable when comprehensively considering the defendant's age, sexual conduct, environment, means and consequence of the crime, circumstances before and after the crime in this case, etc., which are shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, means and consequence of the crime, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Prior to the reason for sentencing Article 35 of the Criminal Act, the conditions for sentencing as described in Article 35 (2) of the Criminal Act shall be comprehensively considered, and the sentence shall be determined as per the order.

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